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Mauritian tort law [PDF]

open access: yesAnali Pravnog Fakulteta u Beogradu, 2020
According to the general tort law of Mauritius (articles 1382 through 1384 of the Mauritian Civil Code), three conditions must be met before tort liability may be implemented, namely the existence of harm, the existence of a causal link, and the ...
Georgijević Goran
doaj   +2 more sources

Tort Law in Iran: Tort or Torts [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2023
Despite the existence of many rules regarding liability for causing damage to another in Islamic law and the extensive fiqh doctrine in this regard, it has not developed into an independent branch of legal studies and laws within Islamic law.
iraj babaei
doaj   +2 more sources

The reversal of the burden of proof in the Principles of European Tort Law<br> A comparison with Dutch tort law and civil procedure rules

open access: yesUtrecht Law Review, 2010
Although it is not one of its main features, the Principles of European Tort Law (PETL) have devoted some attention to the rules regarding the burden of proof in tort cases, especially to the possibility of a reversal of that burden.
Ivo Giesen
doaj   +3 more sources

Generální prevenční povinnost v systému deliktního práva

open access: yesActa Universitatis Carolinae Iuridica, 2022
The paper at hand deals with role and function of the general prevention duty in tort law as introduced by the Czech Civil Code in 2014. The general prevention duty has been taken over from the former Civil Code with some minor legislative amendments. On
Anežka Janoušková
doaj   +1 more source

Unification of tort law: the case of European Union [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2018
Many arguments have been raised to support or reject the idea of unification of law in relation to civil liability. Amongst others, it is claimed that it is impossible to establishment binding principles across different countries.
Sied Mohammad Tabatabaei Neghad
doaj   +1 more source

Justice in Tort Law of Russia and China

open access: yesBRICS Law Journal, 2022
The article describes the main issues of tort liability regulation in the context of the principle of justice and its implementation into the legislation and law enforcement practice of the Russian Federation and the People’s Republic of China (PRC). The
V. Dolinskaya, T. Letuta
doaj   +1 more source

Innovation, Tort Law, and Competition [PDF]

open access: yesJournal of Institutional and Theoretical Economics, 2012
We examine the link between innovative activity on the part of firms, the competitive pressure to introduce innovations, and optimal damages awards. While innovative activity brings forth valuable new products for consumers, competitive pressure in the ensuing innovation race induces firms to launch innovations too early, thereby raising the likelihood
Baumann, Florian, Heine, Klaus
openaire   +4 more sources

From Aristotle’s ʻArithmetic Proportion’ to Ménage-à-trois – Anglo-American Justice Theories in the Context of Norwegian Tort Law

open access: yesOslo Law Review, 2019
The Anglo-American debate on the philosophical foundations of tort law has inspired Nordic tort scholars to scrutinise national tort law in new ways over the past decade.
Birgitte Hagland
doaj   +1 more source

Instrumentalisation of Tort Law: Widespread yet Fundamentally Limited

open access: yesUtrecht Law Review, 2019
The question on the role of the law, particularly tort law, in combating legal but potentially lethal products and services is inseparable from the broader issue of the ongoing instrumentalisation of the law.
Pieter Gillaerts
doaj   +1 more source

Administrative Tort: an Impostor or an Established Legal Phenomenon?

open access: yesСибирское юридическое обозрение, 2020
The use of the term “administrative tort” in administrative law and its extension to the range of relations regulated by administrative law causes misunderstandings among civil law theorists and some representatives of administrative law science.
M. N. Kobzar-Frolova
doaj   +1 more source

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